Therapeutic jurisprudence and procedural justice in mental health practice

Abstract

In crafting a radical reinterpretation of the principles of non-discrimination and equality before the law, the Convention on the Rights of Persons with Disabilities challenges the routine use of compulsory mental health treatment. This chapter points to the lack of empirical evidence supporting the use of compulsory treatment, while outlining the experience by people with mental health problems who have experience of compulsory treatment. The chapter seeks a way forward by exploring the insights offered by procedural justice and therapeutic jurisprudence scholarship. It highlights the connections between procedural justice, recovery-oriented practice and the human rights model in the CRPD. The chapter argues that therapeutic jurisprudence and procedural justice research provides fresh evidence about the formulation and impact of the law that could inform the creation of mental health laws and practices that are free of statutory mandated compulsory treatment.